Power of Attorney


Important points
  1. Governed by Power of Attorney Act, 1882. 
  2. POA is like an agency - so no consideration is required to give POA.
  3. Can be given by any person (legal or human) - must be major and of sound mind.
  4. Stamp Fee is payable as per Court Fee Act. It is paid by Non Judicial Stamp Paper.
  5. Registration is not necessary but required in some cases such as for Power to recover rent of immovable property.
  6. Two kinds: 
    1. General - power is given with respect to a certain class of business or actions. For example, power to do all things necessary to sale a property.
    2. Special - power is given for a specific act.
  7. Must be signed and attested by Public Notory or JMFC.



General Power of Attorney

TO ALL TO WHOM THESE PRESENTS SHALL COME
Know all men by these presents that I A.B s/o B. C. aged 40 yrs r/o 123, MG Road, Indore, state as follows :-

Whereas I am personally unable to attend to the managerial and other affairs with respect to my property No 555, AB Road, Indore, so I, hereby nominate and appoint Sh…………….. S/o……………… R/o……………… as my true and lawful Attorney to act for and on my behalf and I authorize and empower him to do the following acts, deeds and things on my behalf :-

  1. To lease, and rent the aforementioned property.
  2. To demand, collect the rent due on the aforementioned property.
  3. To manage and control my aforesaid property including collection of monthly rents, from the tenants and issuance proper stamped receipts acknowledging the rent received. 
  4. To make applications, affidavits, documents etc., to the Govt. Deptt. and any other concerned authorities, required for the managing of the aforesaid property and to do all other acts, deeds and things in respect thereof.
  5. To effect and carry out necessary repairs, additions, etc., in the said property as and when may be desired, and for this purpose obtain all the necessary permissions and/or sanctions, necessary from any appropriate authority.
  6. To deal with Govt. deptt. and other local bodies for the purpose of any essential facilities or amenities required to be provided in the building. He can sign all papers and documents etc. for this purpose.
  7. To pay all the taxes, Municipal levies and other taxes, which may be, required to be paid. 
  8. To file any objections with Govt. deptt. or other local body of Government for any purpose related with said property. 
  9. To engage valuer/Architects and/or to engage any Advocate or Attorney for the purpose and or file or institute and legal action I court for the fulfillment of the purpose.
  10. AND GENERALLY TO DO ALL other acts, deeds and things, which my said attorneys may deem fit and proper for the maintenance, upkeep of my property.
Provided that the said attorney shall not sell or transfer the ownership of the property to any person.
Provided further that the said attorney shall keep true accounts of all activities performed by virtue of this power of attorney.

AND

I hereby agree and undertake to confirm and ratify all and whatsoever my said attorney shall do or purport to do by the virtue of this power of attorney,
.
IN WITNESS WHERE OF this deed is signed by me at ________on this ______day of_______

(Signature of the giver)
 EXECUTANT      

WITNESSES:

1. …………………
Name and Address of Witness 1

2. …………………
Name and Address of Witness 2